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HomeMy WebLinkAboutOrdinance No. 5548 *** Proof of Publication *** Courier Communications 100 East 4th Street, Waterloo, Iowa 50703 Black Hawk County I do solemnly swear that the annexed copy of notice was published in the WATERLOO/CEDAR FALLS COURIER, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Waterloo, City of- Legals 715 MULBERRY ST. WATERLOO IA 50703 ORDER NUMBER 179926 Signed ��f Subscribed and sworn to before me thisIj day of , I Y'/lyt akc, NotaryPubic Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: wow My IRES Section: Legals Category: 950 Legal Notice PUBLISHED ON: 03/25/2020 TOTAL AD COST: 97.25 FILED ON: 3/27/2020 *** Proof of Publication *** ORDINANCE NO,5548 AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINAN- CES BY REPEALING TITLE 5,POLICE REGULATIONS,CHAPTER 2,GENERAL OFFENSES, ARTICLE B, CIVIL EMER- GENCIES ( 2B) AND ENACTING IN LIEU THE OF A NEW TITLE 5, POLICE REGULATIONS, CHAPTER 2, GENERAL OFFENSES, ARTICLE B, CIVIL EMERGENCIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATER- LOO,IOWA,that Title 5,Police Regula- tions, Chapter 2, General Offenses, Article B, Civil Emergencies is herebyy repealed in its entirety and a new Title 5, Police Regulations, Chapter 2, General Offenses. Article B. Civil Emergencies, (5-213) is inserted in lieu thereof as follows: ARTICLE B.CIVIL EMERGENCIES, 5-2B-1:DEFINITIONS: 5-2B-2:CIVIL EMERGENCY DECLARED: 5.28.3:POWERS DURING AN EMERGENCY: 5-28-4:VIOLATION: 5-2B-5:DURATION OF CIVIL EMERGENCY: 5-28-1:DEFINITIONS: A.CIVIL EMERGENCY:A civil emergen- cy may include but not be limited to the following: 1.A dot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute such force by three f3)or more persons acting together without authority by law.2.Any natural disaster or human made calamity,including flood,conflagra- tion,cyclone,tornado,earthquake,tech- nological disruption, cyberaffack, or ex- plosion within the corporate limits of the city resulting in the death or injury of persons or the destruction of property to such extent that extraordinary measures must be taken to protect the public health, safety, and welfare. 3. Any act of war, revolt, terrorism, or hostile missile or bomb directed at or near the city.4.Any public health crisis or event of an actual or eminent outbreak,or reasonable threat of an actual or eminent outbreak,of any infectwus disease that presents a threat to the health or safety of the residents of the city, or threatens to unreasonably strain the medical emergency service resources available in the city. S. Any other state of public emergency that the mayor has determined under his or her sole discretion is in active existence,or that the Governor of Iowa has determined 5-2B-2: CIVIL EMERGENCY DE- CLARED: A. When pursuant to section 5-2B-1 of this article, the mayor deter- mines that a state of civil emergency exists within the city, the mayor may declare a state of civil emergency by proclamation and do any of the following if necessary: 1. Take command of the police and fire departments; 2. Govern the city; and 3. Exercise all emergency powers,including but rim limited to those outlined in Section 5-2B-3 of this article. B.The mayor pro tem may declare a civil emergency pursuant to this section only when the mayor is mortally injured, missing, or otherwise Incapacitated. 5-2B-3: POWERS DURING AN EMER- GENCY: A. The emergency powers conferred upon the mayor pursuant to this section shall include the power to do the following: 1. Direct emergency response activiliss by the police and fire depart- ments and by such emergency services personnel as the mayor may designate.2. Execute contracts for the emergency repair of public improvements.3.Procure by purchase or lease or authorize procurement by purchase or lease, property, goods, and services deemed necessary to the city's emergency response effort or for the repair of city buildings or facilitles, or for any other necessary public purpose. 4. Lease or authorize the lease of property and/or buildings deemed necessary for the city's emergency response effort or for the continued operation of city government.5. Order the limitation or closure of public events, gathering places, institutions, or facilities within city limits. Order the limitation or closure of private events. businesses, institutions, or gathering places within the city limits only when imminently necessary for the protection of Its and property. 6. Order a general cu ow applicable to such geographical areas of the City or to the city as a whole as the mayor deems advisable and applicable during such hours of the day or night as the mayor deems necessary in the interest of the public safety and welfare. A afew shall be a prohibition against any person or persons walking, running, lodering, standing or motoring upon an alley, street. highway, public *** Proof of Publication *** property or vacant premises within the corporate limits of the city during the hours in which a curfew has been imposed, accepting persons officially designated to perform duties with refer- ence to said civil emergency.7.Mandate that all or any pad of the City of Waterloo be evacuated as the mayor deems advisable and applicable for the preserva- tion of Ids or other disaster mitigation, response or recovery,8.Order that any other extraordinary measures be taken for the preservation of health, life, or other disaster mitigation,response,or recovery. B. All powers exercised by the mayor pursuant to this section shall be in accordance with Iowa Code Chapter 21, when possible.The mayor shall consult with available city council members in the exercise of any powers pursuant to this section.C.The mayor shall immediately inform council members,police chief,fire chief,city staff,and media outlets of the proclamation and any subsequent procla- mation that may be issued. 5-2B-4: VIOLATION:A.The violation of a mayoral proclamation of emergency or of any subsidiary proclamation thereto evidenc- ing the exercise of emergency powers or of any rule or order Issued pursuant thereto by the mayor, or the mayor pro tem in the absence of the mayor,or of any order issued pursuant thereto by any peace officer or of any directive issued by designated emergency services person- net pursuant thereto shall constitute a violation of this section and shall be punishable as a misdemeanor as provi- ded by Section 1-3-1 of this Code. 5-2B-5: DURATION OF CIVIL EMER- GENCY:A.Mayoral proclamations issued pursuant to this article shall take immediate effect and remain in effect for not to exceed thirty days from the date of the proclamation,unless withdrawn at an earlier date by proclamation of the mayor. Once withdrawn, all civil emergency orders Imposed by the proclamation shall cease and the mayor shall immediately cease to exercise civil emergency pow- ers. B. The mayor may issue a subsequent proclamation declaring a civil emergency only it the conditions giving rise to are civil entergancy remain present or an event resulting from the civil emergency arises.Subsequent proclama- tions shall be in immediate effect for not more than thirty days from the date of the proclamation, unless withdrawn at an earlier date by proclamation of the mayor. C. The city council may, by resolution, order the withdraw of any proclamation declaring a civil emergency in the event conditions giving rise to the civil emergen- cy are no longer present or thirty days from the date of the proclamation has passed.INTRODUCED:March 19,2020, PASSED 1st CONSIDERATION: March 19, 2020, PASSED 2nd CONSIDERA- TION: March 19, 2020, PASSED 3rd CONSIDERATION: March 19, 2020, PASSED AND ADOPTED this 19th day of March 2020. Quentin Hart, Mayor, ATTEST: Kelley Felchle,City Clerk